CONTENTS
- 1. Wonju Attorney | Case Details
- 2. Wonju Attorney | Case Analysis
- 3. Wonju Attorney | Concluded With a Minor Fine
1. Wonju Attorney | Case Details
The client of the Wonju attorney was reported after committing an indecent act by compulsion against his wife (the victim), with whom he was in divorce proceedings, while she had fallen asleep first after they had been drinking together.
The Client in Divorce Proceedings With the Victim
The client had been in divorce proceedings after his wife discovered his infidelity one year earlier.
However, until the divorce proceedings concluded, the client was living together with his wife and making efforts to restore the relationship.
In this way, the client explained that he had maintained a continuously close relationship with the victim, still engaging in physical affection as before the divorce proceedings and making efforts to restore the relationship.
In the course of this, the two continued physical contact as before, and the client perceived this as part of restoring the relationship.
The Victim's Report
On the day of the incident, the client returned home after drinking with the victim, and the victim had fallen asleep first.
He then, while heavily intoxicated, entered the bedroom and lay down next to the victim, and in his intoxicated state he attempted physical contact.
The client put his hand inside the victim's clothing and touched part of her body, but then, thinking that he should not do this while in divorce proceedings, he touched her once and withdrew his hand.
Booked on a Charge of Quasi-Indecent Act by Compulsion
When the victim, who had awakened due to the client's conduct, asked why he had done so, he apologized, saying that he had been intoxicated and could not control himself.
In addition, when the client explained that he had thought their relationship had been restored, the victim said she understood and went back to sleep.
However, the client explained that the victim suddenly reported him that morning, and that he was booked for a quasi-indecent act by compulsion overnight.
2. Wonju Attorney | Case Analysis
The Wonju attorney analyzed the client's case and prepared the defense.
The Issues in the Case
Attorney, what charge does the client in this case face?
Attorney: Yes, the client was booked on a charge of quasi-indecent act by compulsion. The client was reported after attempting physical contact with his spouse, with whom he was in divorce proceedings, while she was asleep following their drinking together. The victim argues that because she was asleep at the time, the physical contact occurred against her will, and the charge of quasi-indecent act by compulsion was therefore applied.
Attorney, are there points that need to be contested in court?
Attorney: Yes, that is correct. Even though the divorce proceedings were ongoing, the client and the victim had maintained an amicable relationship, traveling together and continuing sexual relations, carrying on an ordinary married life. From the client's perspective, therefore, the victim's sudden report was difficult to understand. There are two core issues to be contested in this case. First, whether the client's conduct can be regarded as an indecent act by compulsion. It is important to establish that the client maintained a close relationship with the victim and that there was no coercion. Second, whether the victim actually felt the conduct to be against her will. The fact that the victim did not clearly express refusal in the situation at the time and that similar physical contact had occurred previously will be important points of the defense. We did our utmost to actively demonstrate these points in court so that the client would not receive unnecessary criminal punishment.
Introduction to the Relevant Legal Principles and Precedents
The charge of quasi-indecent act by compulsion is an offense committed when the victim is unable to resist with a clear will.
Here, the states of loss of mental capacity and inability to resist serve as important legal elements.
Loss of mental capacity refers to a state in which the victim has lost normal capacity for judgment regarding sexual conduct due to a mental disorder or another cause, while a state of inability to resist refers to a state in which, due to external pressure or circumstances, the victim is entirely unable to resist or finds resistance markedly difficult.
In Supreme Court Judgment 2018Do9781, rendered on February 4, 2021, the court held that “sexual contact made while the victim was unconscious due to alcohol or drugs constitutes the crime of quasi-indecent act by compulsion,” and this serves as an important precedent when establishing that a victim was in a state of loss of mental capacity in a quasi-indecent act by compulsion case.
In addition, where the victim's statement is the principal evidence, the Supreme Court held that, in order to find the defendant guilty, the victim's statement must be recognized as credible beyond a reasonable doubt (Supreme Court Judgment 2014Do7945, rendered on November 26, 2015). Accordingly, the victim clearly conveying the circumstances and her intent, and establishing the reasonableness of the victim's statement together with the objective circumstances, were addressed as core issues.
The important points in this case are the argument that the victim did not clearly express refusal and the fact that the victim and the client had maintained a close relationship from before.
In addition, in precedents concerning sexual conduct within the home, the court recognized that an indecent act by compulsion may be committed even between spouses, and specified that, for an indecent act by compulsion to be committed even between spouses, it must be carefully determined whether there was conduct that infringed sexual autonomy regardless of the victim's will (Supreme Court Judgment 2012Do14788, rendered on May 16, 2013).
Accordingly, the key points in this case were whether the physical contact while the victim was intoxicated indeed constituted an indecent act by compulsion, and what reaction the victim showed in that situation regardless of her will.
3. Wonju Attorney | Concluded With a Minor Fine
As a result of the Wonju attorney's assistance to the client, the client brought the case to a close with a minor fine.
The Wonju attorney emphasized the client's efforts up to that point to restore the relationship with his wife, and explained that he had delivered a sufficient apology at the time of the indecent act and had believed the matter was well resolved.
In addition, the attorney emphasized that when the wife gave her statement to the investigative authorities, she did not remember the situation at the time well and was not giving a consistent statement, so her statement lacked credibility.
The court, taking into account that when the victim asked the client in the morning why he had done so the previous night, he partially admitted the offense and apologized, saying he was sorry, held that it could find that he had committed an indecent act against the victim.
However, given that the case was relatively minor and that the client was continually seeking forgiveness, the court rendered a judgment of a modest fine.
If, as in this case, you have been booked on a charge of quasi-indecent act by compulsion and need urgent consultation with a criminal attorney, 🔗AI Daeryun service offers case analysis, precedents, and connection to consultation, so please make use of it.
This content is based on actual case studies of Daeryun Law LLC with some adaptations, and the copyright belongs to our firm.
Unauthorized reproduction, duplication, or distribution and other copyright infringements may result in legal action under applicable laws.
